Form No. J(2)

Item No. DL / 03 RKD – A.R.(CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO 19779 OF 2025

Subrata Biswas

-Vs-

Union of India & Ors.

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Mr. Anindya Lahiri,

Mr. Arijit Bera,

Mr. Anish Chakraborty,

For the Respondent Bank : Mr. Shiv Mangal Singh

Hearing concluded on : 13.01.2026 Judgment On : 13.01.2026

SAUGATA BHATTACHARYYA, J.:

1. Matter is heard at length in presence of the learned advocates

representing the petitioner and Indian Bank Authorities.

2. Matter relates to transfer order dated 18^th July, 2025 whereby

petitioner was transferred to Stressed Asset Management (SAM)

Large Ahmedabad, Company Recovery Cell as Senior Manager from Chinsurah, West Bengal. Petitioner was previously working as Legal Officer in Zonal Office, Chinsurah, West Bengal.

3. In the writ petition transfer order dated 18^th July, 2025 is questioned. In addition thereto, this Court is required to examine order dated 8^th October, 2025 issued by the Chief General Manager which was passed in terms of the order passed by the Hon’ble Division Bench dated 24^th September, 2025 passed on an intra Court appeal being MAT 1601 of 2025 (Subrata Biswas v. Union of India & Ors.).

4. In the said order dated 8^th October, 2025 Chief General Manager affirmed the order of transfer dated 18^th July, 2025 thereby transferring the petitioner to Ahmedabad.

5. Aforesaid intra Court appeal was disposed of by the Hon’ble Division Bench vide order dated 24^th September, 2025 directing the competent authority of Bank to decide the representation of the appellant within a specified time and the outcome of such exercise was directed to be communicated to the appellant who is petitioner in the present writ petition.

6. Bank Authority was also directed to file a report before this Court in order to bring on record decision which was required to be taken in terms of the order dated 24^th September, 2025 passed by the Hon’ble Division Bench.

7. In terms of the order dated 24^th September, 2025 on behalf of the Bank Authority a report was filed in the form of affidavit which was affirmed on 31^st October, 2025 enclosing the decision of the Chief General Manger dated 8^th October, 2025.

8. In view of the observations as contained in the order dated 24^th September, 2025 passed by the Hon’ble Division Bench it is found that all issues are kept open. Therefore, Court finds no impediment in deciding the issue relating to transfer of the petitioner in consideration of the order dated 8^th October, 2025 of the Chief General Manager.

9. Mr. Lahiri, learned senior advocate representing the petitioner has submitted that order of transfer dated 18^th July, 2025 read with subsequent order dated 8^th October, 2025 of the Chief General Manager are contrary to the TRANSFER POLICY FOR OFFICERS UPTO SCALE III VERSION 2.1 (hereinafter referred to as “said transfer policy”) of Indian Bank requiring setting aside of decision of transfer of the petitioner from Chinsurah to Ahmedabad.

10. Reliance is placed on Clauses 1.3, 1.7, 5.5 and 5.9 of the said transfer policy. In addition thereto, other Clauses are also relied upon in order to substantiate case of the petitioner.

11. Reliance is also placed on judgment of Hon’ble Single Bench of Allahabad High Court dated 19^th December, 2025 passed in the writ petition being Writ-A No.-13255 of 2025 (Shubham Bhargava .v.

Union of India through Ministry of Finance Department Financing Services New Delhi & Ors.).

12. It is also submitted in reference to order dated 8^th October, 2025 of the Chief General Manager that petitioner never requested the Bank Authority for reconsideration of his transfer after decision was taken to transfer the petitioner from Asansol to Chennai. Same was not given effect, concerned authority modified transfer order and petitioner was posted at Zonal Office of Chinsurah on 5^th October, 2024.

13. On behalf of the Bank Authorities submissions are made to resist